ENFORCE35153

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 9/11/1992
• Doc Name: STATUS OF ASSESSMENT CONFERENCES FOR NOVS C-92-013 & C-92-014
• From: DMG
• To: DAN MATHEWS
• Violation No.: CV1992020
• Media Type: D
• Archive: No

iii iiiiiiiiniiiiii
DIVISION OF MINERALS AND GEOLOGY
Department or Natural Resources
' 1313 sherman St., Room Z I S
Denver, CO 80203
Phone:[phone]
FAX: [phone]
STATE OF COLORADO
DATE: September 11, 1992 \
T0: Dan Mathews & Joe Dudash _
FROM: Jim Pendleton, Conference Officer ~~;~ --•
RE: Status of Assessment Conferences for OV's C-92-013 & C-92-014
OF'~~(G
ti~f
Me~~
rave
Roy Romer
Governor
Michel B. Long
Division Director
I convened the assessment conference requested by Trinidad Basin Mining (TBM)
to review NOV's C-92-013, C-92-014, C-92-020, and C-9Z-021 at 9:00 am on
Friday, September 11, 1992, in our offices. Mr. Greg Lewicki, P.E., attended
the conference representing TBM, in addition to the t'.+o of you, Dan Hernandez
and me.
Mr. Lea+icki presented a persuasive argument in TBM's defense in response to
NOV's C-92-013 and C-92-014. Very brierly stated, Mr. Lewicki contends that
the instantaneous runoff resulting from the unusual precipitation event which
lead to the issuance of both violations exceeded the instantaneous runoff
which would have resulted from the 2.9 inch, 10 year/Z4 hour event applicable
to the TBM mine site. Therefore, Mr. Le'.+icki concludes that TBM should be
exempted from both violations, as allowed by our regulations. In support of
his Contention, Greg presented detailed precipitation records compiled by an
immediate neighbor of the mine, who happens to be an engineer. He also
referenced telephone conversations with ?rof. BarfielD of Cklanema State,
reputed to be a recognized expert in hydregraphic analysis and modeling.
It is my opinion that Mr. Lewicki has presented surficient evidence to warrant
a continuance 'or" the assessment conference. This continuance is intended to
allow Mr. Lewicki time to assemble and submit appropriate technical references
in support of his contention. In order for me to complete the necessary
considerations within the 1ZD day deadline for fixing the civil penalty for
theca t'.ro violations, I will reconvene the conference en Friday, :VOVember 13,
1992 at 9:00 am in our offices. In order to allow the Division staff,
specifically including the hydrology task force, tc review the information and
provide guidance to me, I am also requiring that Mr. Lewicki submit any
additional information by S:~JO pm on Monday, Octooer 19, 1992.
cc: Steve Renner
David Berry
Mike Long
Doc No: 92~1F
Cathy Begej (HTF>
JP/jP